An open discussion board for conversations about designing, building and paddling small craft

Boat Building Forum

I believe the term "prior knowledge" covers the means of breaking a patent.

Unfortunately, the existence of valid prior art does not automatically invalidate a patent once it has been given by the patent office. The legal assumption is a patent approved by the Patent Office is valid. Invalidating an issued patent is a long, complicated legal process that happens through the patent office.

Existing prior art may help an accused "infringer" win in court, but the patent remains legally valid until the unwieldy and expensive invalidation process is complete. All legal costs for invalidating a patent fall on whoever feels its worth paying for the process (the patent holders only needs to pay if they feel the patent is worth defending).

I've lost track of how many times people have asked me if I have "patented that?" after seeing something I've made. Usually I reply that i didn't really come up with the idea, its usually just an iteration on someone else's prior idea, and if I do have a novel innovation, it usually isn't worth trying to protect.

I've drawn enough inspiration from others, that when I see my own innovations used by others, I feel honored to know someone thought my ideas were worth emulating.

This small community of kayakers and kayak builders will best thrive through the constant sharing of ideas and improving on the ideas of others. Attempts to patent innovations, will usually just suck up money that could be spent on making new and better ideas. I hope this forum serves as one way to help keep the exchange of ideas alive.